OMH Wins Motion to Dismiss in Federal Court


The United States District Court for the District of Colorado dismissed Plaintiff’s Complaint on a Rule 12(b) motion filed by OMH on behalf of its client, a municipality. Plaintiff had asserted claims for conspiracy and violation of 42 U.S.C. Section 1983, alleging violations of his right to equal protection. The Court summarily dismissed all claims after finding that OMH had shown Plaintiff’s allegations to be legally and factually untenable under Bell Atlantic Co. v. Twombly and its progeny.


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